IMPORTANT! YOUR USE OF THIS WEBSITE IN ANY WAY MEANS THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
- You, being (inter alia) a visitor, viewer, subscriber, member, affiliate, or customer and regardless of status referred to herein as the “Visitor”; AND
- The website and its owners (herein referred to as the “Owners”).
USE OF INFORMATION FROM THIS WEBSITE
UNLESS you have the prior and express written agreement of the Owners a Visitor to this website has:
- NO RIGHTS to use the website content or information (including but not limited to datasheets, frequently asked questions, product information, resources, documents, audio or video content, and press releases hereinafter referred to as “Information” in a commercial or public setting;
- NO RIGHTS to broadcast, copy, save, print, sell, distribute, or publish any of the Information either in whole or in part.
By accessing the contents and Information of this Website, you agree to this condition of access and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.
Visitor has NO RIGHTS whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason or for any use whatsoever. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, Visitor agrees to compensate the Owners with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. Visitor warrants that he or she understands that accepting this provision is a condition of accessing Information and that accessing it constitutes your acceptance of this Agreement.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH THE INFORMATION
The website and its contents are owned or licensed by the website’s owner. All material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the Information or any other site content. Use of same for any reason is unlawful unless it is done with the prior and express agreement in writing of the Owners.
HYPERLINKING, CO-BRANDING, “FRAMING” AND REFERENCING
Unless expressly authorized by the Owners, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to their own or any other website for any reason. Furthermore, you are not permitted to a) reference the URL (website address) of this website or any page of this website in any commercial or non-commercial media, nor b) ‘frame’ this website, without express permission from the Owners. You specifically agree to cooperate with the Owners or its authorised agents to remove or de-activate any such activities and shall be liable for all damages arising from violating this provision. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, you agree to compensate the Owners with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. You warrant that you understand that accepting this provision is a condition of accessing the Information and that accessing it constitutes acceptance.
DISCLAIMER FOR CONTENTS OF SITE
The Owners disclaim any responsibility for the accuracy of the content appearing at, linked to on, or mentioned on this website or within the Information. Visitors assume all risk relating to viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express agreement to the contrary with the Owners, you have no right to rely on any information contained herein as accurate. We make no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THE INFORMATION, THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The Owners use reasonable endeavours to check all electronic media uploaded by the Owners to the Website but the Owners assume no responsibility for damage to computers or software of the Visitor or any person the Visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the Visitor’s computer. Visitor views and interacts with this website and any banners or pop-ups or advertising displayed thereon at his or her own risk and must ensure that any devices used to access the website are adequately protected from risk and regularly updated. Furthermore any Information downloaded by Visitor from this website at his or her own risk.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this website, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or commercial in nature. For any jurisdictions that may now allow for these exclusions our maximum liability will not exceed the amount paid by you, if any, for using our website or Service.
Additionally, you agree not to hold us liable for any damages related to issues beyond our control, including but not limited to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within our control.
Visitor agrees that in the event of damage caused to us by Visitor or a third party as a result of or relating to Visitors use of this Website, Visitor will indemnify us for, and, if applicable, defend us against, any claims for damages.
No additional notice of any kind for any reason is required to be given to Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with this Website.
As part of the consideration that the Website requires for viewing, using or interacting with this Website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to the Services, use of the Information, solicitation issues, privacy issues, and issues arising from this Agreement.
All disputes, differences or questions arising or as to the rights or obligations of the parties under this Agreement or in connection with its construction shall be referred to arbitration by a single arbitrator to be agreed by the Owners or an arbitrator to be appointed at the request of the Owners by the President for the time being of The Law Society of England and Wales having due regard to any representations made to him as to the appropriate qualifications of such arbitrator. The arbitration shall take place in London and shall be in accordance with the Arbitration Act 1996 or any re-enactment or modification of such Act for the time being in force. The parties agree to exclude any right of application or appeal to the English courts concerning any question of law arising in the course of the arbitration.
In no case shall the Visitor have the right to go to court in any jurisdiction or have a jury trial nor have the right to engage in pre-trial discovery except as provided by the Arbitration Act 1996; Visitor will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including legal fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this Agreement shall be brought before a court of law, pre- or post-arbitration, Visitor agrees that this Agreement shall be governed by and construed in accordance with the laws of England and Wales and to submit to the jurisdiction of the courts of England and Wales.
Global Business Development Groups™
Brightspace Centre, 160 Hadleigh Road, Ipswich, Suffolk, IP2 0HH, UK
Copyright © 2014, Global Business Development Groups Ltd. All Rights Reserved.